Legal Question in Family Law in Kentucky
Concerns for child's safety
My ex-husband and I have been divorced for 11 years and we have always gotten along in raising our son. We have joint legal custody and I have physical custody. His visitation is set for 1 day a week and every other weekend. I allow him to get my son 2 days a week and every other weekend. In the last three years, my ex spends less and less time with my son when he is at his home. My son is able to run about freely. He is 13 and is turned loose on a 4-wheeler, was recently riding a bicycle across a pond with a sheet of ice on it, has driven my ex's truck by himself, camped out in 30 degree weather alone, built a fire in the woods next to a neighborhood, drives the fourwheeler on main roads, drag races through the neighborhood. The story goes on and on. I feel like he is not being supervised when he is with his father. Should I hire a lawyer or go speak directly to the judge in his office. My ex also has a 3 1/2 year old daughter that was recently seen running out in the yard in freezing weather in only a diaper (as she still takes a bottle and wears a diaper). Word has come to me that the little girl's mom (my ex's girlfriend) stays strung out on pills and leaves the kids unsupervised. Please offer some advice. I am so worried.
1 Answer from Attorneys
Re: Concerns for child's safety
It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case.
From what you have indicated, you are certainly justified in having concerns about your son's lack of supervision during visitation. The law does not allow you to communicate directly with the judge in cases like this, since each side to a dispute has the right to be heard. An attorney can help you draft an affidavit (sworn statement) detailing the lack of supervision and safety concerns relative to your son's visitation with his father. This can be filed in court, and the judge can schedule a hearing to determine what steps need to be taken to insure your son's safety and welfare.
You should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:
http://www.kybar.org/Default.aspx?tabid=291
Good luck!
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